Document Type : Research/Original/Regular

Authors

• mohammad roshan ¹
• afsoon mollazadehnooran ²

¹ Associate Professor, Department of Basic Studies, Family Research Institute, Shahid Beheshti University, Tehran, Iran

² PhD student of family law studies, Shahid Beheshti University, Tehran, Iran

Abstract

In today's era, due to the expansion of literacy and the spread of writing among people, the desire to express one's will in writing or written composition has increased. In the meantime, concluding a marriage contract in writing may also be considered; In such a way that the husband and wife declare their will to marry in writing, or the marriage takes place with a written request and acceptance; Therefore, in the present research, which is a descriptive-analytical method of the content analysis type, the question is raised, what is the written marriage according to the opinion of Islamic jurists and Iranian law? According to the opinion of the famous Shia and Sunni jurists, request and acceptance must be verbal.Therefore, by proving the lack of validity of consensus as the most important reason for the opponents of written marriage, together with proving the validity of the book and its clarity and transparency as words and citing the generality of the need to be faithful to the contract and covenant, the strictness in some verses of marriage and the validity of the book in verse 282 of Surah Al-Baqarah We strengthened the authenticity and legitimacy of the written contract;Therefore, due to the lack of valid evidence on the necessity of the existence of the word and the procedural reputation of the word rather than the subject matter in the opinion of the jurists,based on the evidence of the legitimacy of the written marriage, it is possible to accept the written marriage.

Keywords

• Keywords: will
• marriage contract
• Sigeh
• written marriage

Main Subjects

• Woman and family